DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4002)

APPLICATION FOR APPROVAL OF THE CORCREEVY PTY LTD T-AS TYRONE GROUP/CFMEU GREENFIELDS AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2016

Application for approval of the Corcreevy Pty Ltd t-as Tyrone Group/CFMEU Greenfields Agreement 2016-2017.

[1] An application has been made for approval of an enterprise Agreement known as the Corcreevy Pty Ltd t-as Tyrone Group/CFMEU Greenfields Agreement 2016-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Corcreevy Pty Ltd t/as Tyrone Group, with the Fair Work Commission (FWC) adjudicating on the application for approval of the CFMEU Greenfields Agreement 2016-2017. The CFMEU sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The legal issues before the FWC were primarily concerned with the compliance of the agreement with the statutory requirements, including whether the agreement was made in good faith and whether it was appropriately certified.

The FWC considered the arguments put forth by both parties, focusing on the certification process and the good faith requirement. The CFMEU argued that the agreement was certified appropriately and was made in good faith. Corcreevy Pty Ltd, on the other hand, challenged the certification process and claimed that the agreement was not made in good faith. After reviewing the evidence and the submissions, the FWC found that the agreement was certified appropriately and was made in good faith. The FWC noted that the parties had engaged in genuine bargaining and that the agreement reflected the outcomes of that process.

In approving the agreement, the FWC concluded that the statutory requirements were met. The FWC was satisfied that the agreement was appropriately certified and that it was made in good faith. The court determined that the evidence did not support the claim that the agreement was not made in good faith. The FWC granted the application for approval of the agreement, which will now be registered under the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established